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Committee Minutes Planning Committee 26 September 2005 IRVINE, 26 September 2005 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. Present David Munn, Tom Barr, John Moffat, Ian Clarkson, Margie Currie, Elizabeth McLardy, Elisabethe Marshall, Margaret Munn, Alan Munro, David O'Neill, Robert Rae, John Reid and Ian Richardson. In Attendance A. Fraser, Manager, Legal Services, J. Miller, Chief Development Control Officer and J. Michel, Senior Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); A. Wattie, Communications Officer and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's). Chair Councillor D Munn in the Chair. Apologies for Absence Stewart Dewar. ITEMS REQUIRING APPROVAL BY COUNCIL 1. Stevenston: Closure of Public Paths at Morrison Avenue, Lumsden Place and Keir Hardie Road Submitted report by the Assistant Chief Executive (Legal and Protective) on proposed Public Path Closure Orders under Section 34 of the Countryside (Scotland) Act 1967. The Council has received a request from residents to close public footpaths to the rear of Morrison Avenue, Lumsden Place and Keir Hardie Road, Stevenston. The paths in question have been associated with anti social behaviour and can be closed under Section 34 of the Countryside (Scotland) Act, 1967 as they are not used frequently as public footpaths and are no shorter as routes than the nearby roads. The Committee expressed the view that, in addition to the footpaths indicated on the plan shown in the Appendix to the report, the path immediately adjacent to 16 Keir Hardie Road, linking that road to the footpath to the rear, should also be subject to closure. Page 1 The Committee agreed to recommend that the Council resolve to make Public Path Closure Orders for paths to the rear of Morrison Avenue, Lumsden Place and Keir Hardie Road and the path adjacent to 16 Keir Hardie Road, Stevenston. 2. Scottish Planning Policy (SPP21): Greenbelts: Consultation Draft (August 2005) Submitted report by the Assistant Chief Executive (Development and Promotion) on the consultation paper on Scottish Planning Policy (SPP21) and how it relates to the emerging policies of the Ayrshire Joint Structure Plan. The proposed Scottish Planning Policy (SPP21) for greenbelts aims to strengthen and enhance the role of greenbelts as a long term planning tool to manage the development growth of settlements. Consultation responses are required by 28 October 2005. At present, Structure Plans consider the need for, and review of, greenbelts and Local Plans define their precise boundaries. In the future, Local Development Plans will replace this 2 tier system. There are currently no greenbelt designations within North Ayrshire, although the emerging Ayrshire Joint Structure Plan 2025 proposes an exploration of the concept of a landscape protection area for the "core investment area", including the possibility of defining a joint greenbelt. The core investment area in North Ayrshire is centred in Irvine and would be likely to include Kilwinning and the 3 Towns. The draft SPP21 suggests that the greenbelt boundary should be drawn to accommodate planned long term growth and should avoid the cumulative erosion of its boundaries through the granting of individual planning permissions. Further guidance on how this should be carried out would be helpful. The draft policy contains a strong presumption against new development in the greenbelt and many uses will only be appropriate when the intensity is low and any belt elements are ancillary to the main use, small in scale and of high quality design. At the same time, SPP15 Planning for Rural Development, recognises a need for diversification of the rural economy which may, in turn, lead to pressure for additional development in the urban fringe land. The greenbelt guidance lacks clarity on how pressures for urban fringe development in line with SPP15 should be tackled and more detailed advice on this aspect is required. The Committee agreed (a) to approve the comments set out in the report as the Council's response to the consultation; and (b) that the Assistant Chief Executive (Development & Promotion) pursue the need for any green belt designations which would affect North Ayrshire with the Ayrshire Joint Structure Plan Team, and consider the matter in any subsequent Local Plan review process. Page 2 3. Transport Planning Guidance Published by the Scottish Executive Submitted report by the Assistant Chief Executive (Development and Promotion) on the content of Transport Planning Guidance issued in August 2005 by the Scottish Executive and on its implications for the Council's approach to planning for transport. Scottish Planning Policy 17 (SPP17) sets out the objectives and principles to be used in planning for transport at the local level. It is accompanied by Planning Advice Note 75 (PAN75) and Transport Assessment and Implementation: A Guide, which both provide more detailed guidance on how to implement the principles in the SPP. The policy will have significant implications for North Ayrshire in terms of 2 key areas, namely planning for strategic roads and planning for seaports. The guidance states that development needs to take place in line with transport capacity to accommodate it and that local authorities should have an access strategy for freight traffic serving seaports. These points will have implications for North Ayrshire in the light of congestion along the A737, inadequate links to the Glasgow conurbation and limited rail capacity to service the anticipated transhipment hub and gateway facility which would be established at Hunterston by 2009. The North Ayrshire Finalised Plan already incorporates 3 of the principles set out in the new guidance, namely directing development to established transport corridors, encouraging sustainable forms of access by walking, cycling, and public transport and seeking to minimise the environmental effects of the car. The guidance, however, also covers areas not fully addressed in the Finalised Plan and the following will be taken forward in future plans, viz:- integrating transport with design, transport planning and rural areas, planning for inclusive mobility and reviewing development plan allocations in terms of sustainable access. SPP17 requires Councils to set maximum parking standards for all common forms of development, except residential, and guidance states that these must reflect the availability of alternative transport modes. This matter is currently being considered by the Roads service in conjunction with the Planning service. New developments will also require transport assessments and, where the development is likely to generate significant additional travel, the assessment should incorporate a travel plan, setting out how it will promote sustainable modes. This will require to be examined in any future Local Transport Strategy. Noted. Page 3 ITEMS DETERMINED UNDER DELEGATED POWERS 4. Arran Local Plan Area 4.1 05/00594/OPP: Kildonan: Site to the North of the Kildonan Hotel Maurice Deighton, c/o Seal Shore Camping and Holiday Homes, Kildonan, has applied for outline planning permission for the erection of a residential development on a site to the north of Kildonan Hotel, Kildonan, Isle of Arran. A representation has been received from Anne and Rod Acuna, proprietors of the Kildonan Hotel, Kildonan, Isle of Arran. The Planning Services Manager advised of amendments to the proposed conditions in respect of landscaping/access and effluent disposal. The Committee, having considered the terms of the representation, agreed to grant the application subject to the following conditions:- 1. That the approval of North Ayrshire Council as Planning Authority with regard to the siting, design and external appearance of, landscaping and means of access to the proposed development shall be obtained before the development is commenced. For the avoidance of doubt, a single reserved matters application for the comprehensive development of the entire site shall be submitted. 2. That, notwithstanding the provisions of condition 1, the existing vehicular access to the site shall not be used for any further development. An alternative access serving only the development site and existing chalets shall be formed directly onto the public road to the north of the site, with visibility splays of 2.5m x 60m x 1.05m. 3. That waste (foul) water arising from the development shall be treated by a single septic tank of treatment plant system, the full details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority as part of the reserved matters application. Individual septic tanks for each dwellinghouse shall not be permitted. Surface water shall be drained on a separate system. 4. That, for the avoidance of doubt, the indicative layout (drawing nos. 05-18-03 Rev A and 05-18-03 Rev A) is for illustrative purposes only and is not hereby approved. 4.2 05/00718/PP: Blackwaterfoot: Kilpatrick Farm Neil Henderson, Kilpatrick Farm, Blackwaterfoot, Isle of Arran, has applied for planning permission for the erection of 2 detached dwellinghouses for agricultural workers at Kilpatrick Farm, Blackwaterfoot, Isle of Arran. Page 4 The Committee expressed the view that the need for 2 dwellinghouses had been demonstrated and that their proposed locations on the site were acceptable. The Committee agreed to grant the application subject to (a) the applicants entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act, 1997 to limit the occupancy of the dwellinghouses to persons solely or mainly employed in the agricultural business of Kilpatrick Farm or a dependant(s) of such a person residing with him or her, or the widow(s) or widower(s) of such persons; and (b) the following conditions:- 1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details and/or samples of the proposed external finishes. 2. That no trees or hedges on the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.
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